March 1, 2011, Introduced by Reps. Knollenberg, Moss, MacGregor, Crawford, Genetski, Agema, Lund, Zorn, Poleski, Jacobsen, McMillin, Opsommer, Johnson, Farrington, Lyons, Somerville, Tyler, Huuki, Horn, Kowall, Callton, Outman, Bumstead, Damrow, Rogers, Forlini, Gilbert, Haveman, Heise, Hooker, Pscholka, Lori, Potvin, Daley, Kurtz and Olson and referred to the Committee on Oversight, Reform, and Ethics.
A joint resolution proposing an amendment to the state
constitution of 1963, by repealing section 5 of article XI, to
abolish the civil service commission.
Resolved by the Senate and House of Representatives of the
state of Michigan, That the following amendment to the state
constitution of 1963, to abolish the civil service commission, is
proposed, agreed to, and submitted to the people of the state:
ARTICLE XI
Sec.
5. The classified state civil service shall consist of
all
positions in the state service except those filled by popular
election,
heads of principal departments, members of boards and
commissions,
the principal executive officer of boards and
commissions
heading principal departments, employees of courts of
record,
employees of the legislature, employees of the state
institutions
of higher education, all persons in the armed forces
of
the state, eight exempt positions in the office of the governor,
and
within each principal department, when requested by the
department
head, two other exempt positions, one of which shall be
policy-making.
The civil service commission may exempt three
additional
positions of a policy-making nature within each
principal
department.
The
civil service commission shall be non-salaried and shall
consist
of four persons, not more than two of whom shall be members
of
the same political party, appointed by the governor for terms of
eight
years, no two of which shall expire in the same year.
The
administration of the commission's powers shall be vested
in
a state personnel director who shall be a member of the
classified
service and who shall be responsible to and selected by
the
commission after open competitive examination.
The
commission shall classify all positions in the classified
service
according to their respective duties and responsibilities,
fix
rates of compensation for all classes of positions, approve or
disapprove
disbursements for all personal services, determine by
competitive
examination and performance exclusively on the basis of
merit,
efficiency and fitness the qualifications of all candidates
for
positions in the classified service, make rules and regulations
covering
all personnel transactions, and regulate all conditions of
employment
in the classified service.
State
Police Troopers and Sergeants shall, through their
elected
representative designated by 50% of such troopers and
sergeants,
have the right to bargain collectively with their
employer
concerning conditions of their employment, compensation,
hours,
working conditions, retirement, pensions, and other aspects
of
employment except promotions which will be determined by
competitive
examination and performance on the basis of merit,
efficiency
and fitness; and they shall have the right 30 days after
commencement
of such bargaining to submit any unresolved disputes
to
binding arbitration for the resolution thereof the same as now
provided
by law for Public Police and Fire Departments.
No
person shall be appointed to or promoted in the classified
service
who has not been certified by the commission as qualified
for
such appointment or promotion. No appointments, promotions,
demotions
or removals in the classified service shall be made for
religious,
racial or partisan considerations.
Increases
in rates of compensation authorized by the
commission
may be effective only at the start of a fiscal year and
shall
require prior notice to the governor, who shall transmit such
increases
to the legislature as part of his budget. The legislature
may,
by a majority vote of the members elected to and serving in
each
house, waive the notice and permit increases in rates of
compensation
to be effective at a time other than the start of a
fiscal
year. Within 60 calendar days following such transmission,
the
legislature may, by a two-thirds vote of the members elected to
and
serving in each house, reject or reduce increases in rates of
compensation
authorized by the commission. Any reduction ordered by
the
legislature shall apply uniformly to all classes of employees
affected
by the increases and shall not adjust pay differentials
already
established by the civil service commission. The
legislature
may not reduce rates of compensation below those in
effect
at the time of the transmission of increases authorized by
the
commission.
The
appointing authorities may create or abolish positions for
reasons
of administrative efficiency without the approval of the
commission.
Positions shall not be created nor abolished except for
reasons
of administrative efficiency. Any employee considering
himself
aggrieved by the abolition or creation of a position shall
have
a right of appeal to the commission through established
grievance
procedures.
The
civil service commission shall recommend to the governor
and
to the legislature rates of compensation for all appointed
positions
within the executive department not a part of the
classified
service.
To
enable the commission to exercise its powers, the
legislature
shall appropriate to the commission for the ensuing
fiscal
year a sum not less than one percent of the aggregate
payroll
of the classified service for the preceding fiscal year, as
certified
by the commission. Within six months after the conclusion
of
each fiscal year the commission shall return to the state
treasury
all moneys unexpended for that fiscal year.
The
commission shall furnish reports of expenditures, at least
annually,
to the governor and the legislature and shall be subject
to
annual audit as provided by law.
No
payment for personal services shall be made or authorized
until
the provisions of this constitution pertaining to civil
service
have been complied with in every particular. Violation of
any
of the provisions hereof may be restrained or observance
compelled
by injunctive or mandamus proceedings brought by any
citizen
of the state.
Resolved further, That the foregoing amendment shall be
submitted to the people of the state at the next general election
in the manner provided by law.